Waste Management (Registration of Sewage Sludge Facility) Regulations, 2010

• Jurisdiction: Ireland
• Year: 2010
• Citation: IR SI 32/2010

INDEX

1. Citation and commencement.

2. Purpose and scope of Regulations.

3. Interpretation generally.

4. Register of sewage sludge facilities.

5. Duty of operator of sewage sludge facility to register with the local authority.

6. Contents of an application for a certificate of registration.

7. Determination of an application for a certificate of registration.

8. Conditions necessary to give effect to provisions of Community Act.

9. Renewal of a certificate of registration.

10. Review, amendment, revocation or transfer of a certificate of registration.

11. Duties of registered operators of sewage sludge facilities.

12. Inspections of registered sewage sludge facilities.

13. Duty to only use registered sewage sludge facilities.

14. Offences.

15. Legal proceedings.

16. Prosecutions and penalties.

SCHEDULE 1

Statutory Declaration

SCHEDULE 2

Offences to be disclosed

S.I. No. 32 of 2010

WASTE MANAGEMENT (REGISTRATION OF SEWAGE SLUDGE FACILITY) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd February, 2010.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3 (3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), consider it necessary for the purpose of giving effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 to make provision for offences under the following regulations to be prosecuted on indictment:

AND WHEREAS, I consider that it is necessary, having further regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007), for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect, having regard to the acts or omissions of which the offence consists, to make such provision in the following regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 7 of the Waste Management Act, 1996 (No. 10 of 1996) and section 3 of the European Communities Act, 1972 (No. 27 of 1972), as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Waste Management (Registration of Sewage Sludge Facility) Regulations 2010.

(2) These Regulations shall come into effect on 1 March 2010.

Purpose and scope of Regulations

2. (1) These Regulations are made for the purpose of giving effect to provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste 1 .

(2) The following shall be excluded from the scope of the Regulations:

(a) sewage treatment plants for which a waste licence is in force, and

(b) sewage treatment plants regulated by the European Communities (Waste Water Treatment) (Prevention of Odours and Noise) Regulations 2005 ( S.I. No. 787 of 2005 ).

(3) Temporary short-term storage of sewage sludge at the location of use when this is part of an active waste recovery such as use in agriculture shall be excluded from the scope of the Regulations where the storage period is no greater than required to facilitate the land spreading activity.

Interpretation generally

3. In these Regulations:—

(1) any reference to a Regulation, Schedule or paragraph, which is not otherwise identified, is a reference to a Regulation or Schedule of these Regulations or to a paragraph of the provision in which the reference occurs;

(2) “Act” means the Waste Management Act, 1996 (No. 10 of 1996) as amended;

(3) “animal by-products” have the meaning assigned to them by article 2 of Regulation (EC) No. 1774/2002 2 (as amended) and article 3 Regulation (EC) No. 1069/2009 3 ;

(4) “Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Act, 1992 ;

(5) “environmental pollution” is as defined in the Act;

(6) “waste licence” is as referred to in the Act;

(7) “sewage sludge facility” means a centre dedicated to receiving sludge generated at sewage treatment plants and septic tanks at which the sludges will be stored prior to onward treatment, disposal or recovery at other locations.

Register of sewage sludge facilities

4. (1) The local authority shall enter particulars of all sewage sludge facilities registered by it pursuant to these Regulations in the register established and maintained by it pursuant to section 19 of the Act.

(2) For the purposes of Regulation 4(1), the local authority may prescribe the information to be entered therein, and the form and manner in which such information shall be entered and maintained, which information shall include, but not necessarily be limited to, the name and address of operator to whom a certificate of registration has issued.

(3) All entries and additions made by the local authority to the register referred to in Regulation 4(1) for the purposes of these Regulations are prescribed for the purposes of section 19 of the Act.

(4) Where the local authority registers a sewage sludge facility operated by it they shall forward a copy of the registration to the Agency.

Duty of operator of sewage sludge facility to register with the local authority

5. Subject to the provisions of Regulation 6, each operator of a sewage sludge facility shall apply for registration to the local authority in whose functional area the facility is situated not later than 28 February 2010 or the date of commencement of business whichever is the later.

Contents of an application for a certificate of registration

6. (1) Without prejudice to Regulation 6(2), an application for registration under Regulation 5 shall be made in writing or electronically in such form as may be determined by the local authority and shall require from each operator of a sewage sludge facility (hereafter referred to as the applicant) such information or material or both as may be prescribed by the local authority which may inter alia include:

(a) the full name of the applicant,

(b) all business names used or proposed to be used by the applicant in the course of any business, trade or occupation carried out by the said applicant,

(c) the address of the applicant’s principal place of business and, where applicable, the applicant’s telephone number, telefax number ande-mail address,

(d) if the applicant is a partnership, the name and address of each partner,

(e) if the applicant is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, company secretary or other similar officer of the body corporate,

(f) details of any offence of which the applicant has been convicted contrary to those enactments listed in Schedule 2 within the period of ten years prior to the date of any application pursuant to this Regulation, including details of the court that imposed the conviction together with details of all penalties and sanctions incurred,

(g) details of any requirement imposed on the applicant by order of a court pursuant to sections 57 or 58 of the Act,

(h) the address of the facility, and

(i) site location maps or drawings showing the elevations or drainage provisions of the facility.

(2) (a) Where the applicant is a body corporate, the information to be provided pursuant to Regulation 6(1)(f) and 6(1)(g) shall include such information in relation to both the applicant and:—

(i) each director, manager, company secretary or other similar officer of the applicant, and

(ii) if applicable, each body corporate in which any director, manager, company secretary or other similar officer of the applicant is or has been at any time during the period of ten years prior to the date of any application pursuant to this Regulation, a director, manager, company secretary or other similar officer.

(b) Where the applicant is a natural person or a partnership, the information to be provided pursuant to Regulation 6(1)(f) and 6(1)(g) shall include such information in relation to both the applicant and any body corporate, if applicable, in which the applicant or any partner of the applicant, as the case may be, is, or has been, at any time during the period of ten years prior to the date of any application pursuant to this Regulation, a director, manager, company secretary or other similar officer.

(3) An application pursuant to Regulation 6(1) shall be accompanied by such information or material or both as may be prescribed by the local authority, which may inter alia include:—

(a) a statutory declaration, in the form as set out in Schedule 1, signed by the applicant or, where the applicant is a partnership, each partner, or where the applicant is a body corporate, a director, manager, company secretary or other...